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UNITED STATES v. SORTEX CO. OF NORTH AMERICA, INC.

Appeal No. 78-14.

596 F.2d 1002 (1979)

The UNITED STATES, Appellant, v. SORTEX CO. OF NORTH AMERICA, INC., Appellee.

United States Court of Customs and Patent Appeals.

March 29, 1979.

Attorney(s) appearing for the Case

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., David M. Cohen, Branch Director, Sheila N. Ziff, New York City, for the U. S.

Barnes, Richardson & Colburn, Steven P. Sonnenberg, Chicago, Ill., for appellee.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE, and MILLER, Judges.

LANE, Judge.

This appeal is from the judgment of the United States Customs Court, 80 Cust.Ct. 134, C.D. 4746, 453 F.Supp. 644 (1978), which sustained the importer-appellee's claim that at the time of importation the imported merchandise, electronic color sorting machines, were chiefly used as industrial machinery for preparing and manufacturing food for human consumption, and therefore, are more specifically provided for under...

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